CHAP. 394.—-An ACT to amend and re-enact Sections 4828, 4829-a (said Section
4829-a being added to the Code of Virginia by Chapter 334 of the Acts of
Assembly of 1930) and 4830 of the Code of Virginia, as heretofore amended,
relating to bail by justices of the peace, police justices, justices of juvenile and
domestic relations courts, civil and police justices, bail commissioners and clerks
of courts, so as to enlarge the powers of said officers in admitting persons to bail
and to prescribe the powers of trial justices in admitting persons to bail.

[S B 127]
Approved April 3, 1942

I. Be it enacted by the General Assembly of Virginia, That sec-
ions forty-eight hundred and twenty-eight, forty-eight hundred and
wenty-nine-a (said section forty-eight hundred and twenty-nine-a being
.dded to the Code of Virginia by chapter three hundred and thirty-four
nf the Acts of Assembly of nineteen hundred and thirty) and forty-
ight hundred and thirty of the Code of Virginia, as heretofore amended,
9c amended and re-enacted so as to read as follows:

Section 4828. Bail by Justice——A justice of the peace before whom
| person is brought charged with a misdemeanor or a felony, if only
. light suspicion of guilt falls on him in the latter case, may, pending
xamination before him,.or upon committing such person for trial, admit
um to bail; provided that in any city where there is a police justice
yr a civil and police justice, and in any county where there is a trial
justice, and in which the justices of the peace have no jurisdiction to try
persons charged with crimes, a justice of the peace may admit to bail
only persons charged with misdemeanors before such persons have been
arraigned or tried before said police justice or civil and police justice
or trial justice, but the police justice or the civil and police justice or
trial justice or the judge of a court of record in such city or county
may authorize a justice of the peace to admit such person charged with
felony to bail. If the offense be a felony, and there is good cause to
believe such person guilty, he shall not be let to bail by any justice of
the peace, nor shall any person in jail under an order of commitment
be admitted to bail by any justice, except the one committing him, nor
in a less sum than was required by said order.

Section 4829-a. Bail by Police Justices, Justices of Juvenile and
Domestic Relations Courts, Civil and Police Justices and Trial Justices.
—All police justices, justices of juvenile and domestic relations courts,
trial justices, and civil and police justices, whether elected or appointed
under general law or city charter, and the Clerk or deputy clerk of the
police court of any city in the State having a population of one hundred
thousand inhabitants or more by the last United States census, and the
clerk and deputy clerk of any civil and police justice shall have the power
and jurisdiction within their respective cities and counties to admit to
bail, upon recognizance with surety, persons charged with crime; but
none of the said officers shall admit to bail in any case after any court of
record having jurisdiction to admit to bail in the case, or the judge
thereof, has acted upon the application or pending proceedings before said
court or judge to obtain bail. | -

If any of said officers shall refuse to admit any person to bail or
require excessive bail, then the court of record or the judge thereof
having jurisdiction to admit to bail in said officer’s county or city, upon
petition of said person, shall at once order him to be brought before
said court or judge in order that a motion may be made to admit him to
bail, and upon said motion said court or judge may hear testimony and
admit him to bail or remand him to gail.

No police justice, justice of juvenile and domestic relations court,
or civil and police justice who receives a salary from his county or city,
except in cities of over one hundred thousand inhabitants, by latest
United States census, shall, while he is holding court or immediately
prior to or after holding court while he is at the place where his court is
held, charge or receive any fee for admitting any person to bail or for
any service whatever rendered by him in connection with any criminal
case; but at all other times said last above-mentioned officers may charge
and receive from the person for whom such services are rendered the
same fee for admitting to bail and other services as allowed by law to
justices of the peace, except that in admitting to bail in felony cases said
fees shall be two dollars. Provided, any city or county may provide by
ordinances for such bail fees to be collected and paid into the treasury
of such city or county.

Section 4830. Bail by Bail Commissioner of County and Clerks of
Court.—A bail commissioner or the clerk of the circuit court of any
634 ACTS OF ASSEMBLY [va., 1942

county or city having criminal jurisdiction and the clerks of the cor-
poration or hustings courts of the several cities shall have the power
and jurisdiction to admit to bail upon recognizance with surety all per-
sons charged with crime in their respective cities and counties; but none
of said officers shall admit to bail in any case after any court of record
having jurisdiction to admit to bail in the case, or the judge thereof, has
acted upon the application or pending proceedings before said court
or judge to obtain bail. If the said bail commissioner or clerk refuses
to admit any person to bail or requires excessive bail, then the court of
record or judge thereof having jurisdiction to admit to bail in said clerk’s
or bail commissioner’s county or city, upon petition of said person, shall
at once order him to be brought before said court or judge in order
that a motion may be made to admit him to bail, and upon such motion
said court or judge may hear testimony and admit him to bail or remand
him to jail; provided, however, that the clerk may refuse to hear such
application. Any such bail commissioner or clerk shall have authority
to admit to bail any person charged with a criminal offense, for the ap-
pearance of such person in the trial justice court or any other court in
which such person is required to appear to answer for such offense,
whether any such court be a court of the county or city of such bail
commissioner or clerk, or of some other county or city in this State.